Will I Have to Go to Court?

Most medical malpractice cases settle, but some require a trial or arbitration to resolve. Dr. Fagel has settled 90% - 95% of the cases that he has filed over the past 25+ years and has tried more than 50 medical malpractice cases to a favorable verdict. Because of Dr. Fagel’ successful trial record, most medical malpractice defense attorneys and insurance companies would rather settle a his case than face him in court. Thus, Dr. Fagel’s trial record is the most likely reason why the cases that he pursues are often resolved with a favorable settlement prior to trial. Even if the case is settled prior to trial, almost all medical malpractice cases require that the Plaintiffs provide a deposition, under oath, in which the defense attorneys ask questions about the events of the case. It is important that anyone giving a deposition be properly prepared by their attorney because a good performance by a Plaintiff at a deposition can greatly help a case.